What are the three elements of the obscenity test?

What are the three elements of the obscenity test?

• A. Hardcore by the average person
• B. Patently offensive depiction
• C. All of the above
• D. Lacks literary, artistic, political, or scientific value

Answer: (C)

The test uses three criteria from the Miller standard. First, the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to prurient interest. Second, the work depicts or describes sexual conduct in a patently offensive way, as defined by law. Third, the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. All three must be present for material to be deemed obscene and unprotected by the First Amendment. The options collectively cover these three points, so choosing all of the above is correct. The phrasing of the first option is a shorthand for the prurient-interest criterion, while the second and third match the other two requirements.

The test uses three criteria from the Miller standard. First, the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to prurient interest. Second, the work depicts or describes sexual conduct in a patently offensive way, as defined by law. Third, the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. All three must be present for material to be deemed obscene and unprotected by the First Amendment. The options collectively cover these three points, so choosing all of the above is correct. The phrasing of the first option is a shorthand for the prurient-interest criterion, while the second and third match the other two requirements.